Sowards v. Stephens
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. The action was commenced in justice’s court and a judgment by default was rendered against the defendant, July 17, 1883, from which he appealed to the circuit court. On November 26, 1883, the parties stipulated that the action should be discontinued upon payment by the defendant of the sum of ten dollars damages and the costs of the action.
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APPEAL from the Circuit Court for Columbia County. The action was commenced in justice’s court and a judgment by default was rendered against the defendant, July 17, 1883, from which he appealed to the circuit court. On November 26, 1883, the parties stipulated that the action should be discontinued upon payment by the defendant of the sum of ten dollars damages and the costs of the action. At the December term, 1881, of the circuit court, the order was made from which this appeal is taken. Other facts are stated in the opinion. The respondent moves to dismiss the appeal.
1Opinion of the CourtCole, C. J.
The appeal in this case was noticed for trial in the circuit court by the plaintiff. Hot being tried at the *6third term after the appeal was taken, a motion was made on behalf of the plaintiff, based on the affidavit of her attorney and a stipulation on file, to dismiss the appeal, with costs. In opposition to this motion the defendant read his affidavit, and the affidavits of the plaintiff and her husband, to show that the action had been settled. No motion was made, however, to dismiss the action. The circuit court, after hearing the defendant’s counsel, ordered that the case stand upon the…
2Cases cited3 opinions
- In re The Will of KneelandWisconsin Supreme Court · 1876
- Bassett v. JenkinsWisconsin Supreme Court · 1876
- White v. City of AppletonWisconsin Supreme Court · 1868